Post Tagged with: "google"

Equustek Solutions v. Google Inc., a case that originated in British Columbia, Canada, in 2014, captured international attention as one of the first internet jurisdiction cases to be considered by a nation’s highest court. My CIGI Policy Brief notes that since then, the case has emerged as a cautionary tale about increasingly aggressive legal approaches with respect to the Internet, with significant implications for online governance.

The escalating battle being waged for new Internet taxes to fund Canadian content does not stop with proposals for new fees on Internet access and online video services. Cultural groups also want to increase the “discoverability” of Canadian content by mandating its inclusion in search results. According to the ACTRA submission to the broadcast and telecom legislative review panel, it has been calling for search engine regulation for the past 20 years:

ACTRA stated during the 1999 CRTC process that Internet search engines would become the gateway for consumers to access the vast array of entertainment and information now available from around the world. We argued then the CRTC should regulate them.

It now argues for mandated inclusion of Canadian content in search results for cultural content under threat of economic sanction:

Last week, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” issue. Yet a careful read of the application reveals that the case isn’t about the right to be forgotten. Rather, it involves a far more basic issue: is Google’s search engine service subject to PIPEDA, Canada’s private sector privacy law? The case arises due to a right-to-be-forgotten complaint (a complainant wants search results referencing news articles they say are outdated, inaccurate, and disclose sensitive information removed from the Google search index), but the court is not being asked whether the current law includes a right-to-be-forgotten. Instead, the very application of Canadian privacy law to Google search is at stake.

A British Columbia court has denied Google’s request to vary an injunction requiring it to remove search results from its global index, concluding that a U.S. ruling that did not demonstrate that the removal would result in a violation of U.S. law. The Google v. Equustek case has attracted international attention with the Supreme Court of Canada upholding a global takedown order. That decision noted that it was open to Google to raise potential conflict of laws with the B.C. court in the hopes of varying the order:

As elected officials place Internet giants such as Google and Facebook under an increasingly intense microscope, the pressure mounts on those companies to play more proactive roles in policing content on their networks. In recent weeks, the demands have come from seemingly every direction: privacy commissioners seeking rules on the removal of search results, politicians calling for increased efforts to address fake news on Internet platforms, and Internet users wondering why the companies are slow to takedown allegedly defamatory or harmful postings.

My Globe and Mail op-ed notes Internet companies can undoubtedly do more, but laying the responsibility primarily at their feet poses its own risks as governments and regulators effectively cede responsibility for content moderation and policing to private, for-profit companies. In doing so, there is a real chance that the Internet giants will become even more powerful, limiting future competition and entrenching an uncomfortable reliance on private organizations for activities that are traditionally conducted by courts and regulators.